LARRY MARSHALL, APPELLANT,
v.
RICHARD S. SCHWEIKER, SECRETARY, HEALTH & HUMAN SERVICES, APPELLEE

8th Cir. | 1982-09-08
No. 82-1434
Before ROSS and McMILLIAN, Circuit Judges, and DAVIES, Senior District Judge.
688 F.2d 55 United States Court of Appeals for the Eighth Circuit (1982) Positive Treatment
Cited by 8 cases

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Holding

The court affirmed the district court's decision, finding the Secretary's denial of social security disability benefits was based on substantial evidence.


Facts & Procedural History

Appellant's claim for social security disability benefits was denied by the Secretary. The district court affirmed this decision. The appellate court …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Larry Marshall’s claim for social security disability benefits was denied by the Secretary of Health and Human Services. The district court1 affirmed, finding that the Secretary’s decision was based on substantial evidence. Marshall v, Schweiker, No. LR-C-81-297 (E.D.Ark.March 30, 1982). We agree.

Our ability to review the record in this case was limited by the fact that several pages of medical records were illegible. In some circumstances this may be cause for remand. Cutler v. Weinberger, 516 F. 2d 1282, 1285 (2d Cir. 1975). Here, however, there is more than enough evidence to support the Secretary’s decision and no indication that the illegible records would aid the appellant.2 We therefore affirm on the grounds stated in the district court opinion pursuant to 8th Cir. R. 14.

. The Honorable William R. Overton, United States District Judge for the Eastern District of Arkansas.

. Because of the importance of a complete record to proper review of social security benefits cases, we urge that those responsible for assembling and duplicating the records take particular care in order to speed consideration of these cases and to prevent remands.


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